Philadelphia Cnty. C.P. Municipal Court-Civil Rule 205.4

a. All legal papers filed in the Civil Division of the Phila delphia Municipal Court shall be

electronically recorded in the CLAIMS System.

b. Legal papers that are presented in hard-copy format for recording in the CLAIMS System must

conform to the following requirements:

1) Legal papers must not be stapled or permanently bound.

2) Legal papers must be secured by binder clips or other fasteners that do not puncture the

paper or otherwise interfere with scanning.

3) The court will ordinarily scan legal papers in the form that they are presented. The filer of

legal papers is responsible for the redaction of any personal information that is not intended to

be scanned and available for review by the public.

4) To avoid scanning errors, exhibit separator pages must be used instead of exhibit tabs.

c. Legal papers pre sented electronically for recording in the CLAIMS System, must conform to

the following requirements:

1) All legal papers must be in PDF or a compatible format.

2) All legal papers must be 8 1/2 inches in width.

3) No security devices, passwords or other restrictions may be used.

d. After legal papers are filed with the court, a filing party seeking to make any changes or

amendments to those legal papers must file a Petition to Amend seeking leave of the court to make

such changes or amendments. A copy of the amended legal paper shall be attached to the Petition

to Amend.

e. CLAIMS System registration

1) Persons licensed to practice law in the Commonwealth of Pennsylvania who are not

registered on the CLAIMS System shall file legal papers in the First Filing Office. At the time

of that initial filing, they shall register to be a user of the CLAIMS Sys tem and shall obtain a

password. The court reserves the right not to accept at the First Filing Office the filing of legal

papers after the initial filing of legal papers if a person licensed to practice law in the

Commonwealth of Pennsylvania fails to register on the CLAIMS System.

2) Attorneys registered on the CLAIMS System shall file all legal papers from their remote

location in the manner set forth in the CLAIMS System Manual, which is available on the

court’s web site (http:// courts.phila. gov).

3) Persons not licensed to practice law in the Commonwealth of Pennsylvania are not permitted

to register as a user of the CLAIMS System and are limited to filing four (4) cases per day

through the Court’s on-site interviewers in the First Filing Of fice. They may access docket

information through the CLAIMS System’s public portal. The portal may be found at

http://fjd.phila.gov. Once on the site, dockets may be accessed by clicking the “On line

Services” link and then “MC Civil Docket Search” on the drop-down menu.

f. Payment of costs

1) Attorneys registered on the CLAIMS System shall pay costs by using a VISA, American

Express, Master Card and Discover credit card through the fee administrator at the time of

filing.

2) Persons filing legal papers in the First Filing Office shall pay costs to the Cashier using cash,

a VISA, American Express, Master Card and Discover credit card, or a business check at t he

time of filing.

3) Payment by advance deposit is not permissible.

g. Service of legal papers shall be the responsibility of the filing party in accordance with the Rules

of Civil Procedure and the court’s local rules.

Note: In accordance with Pa.R .C.P. 205.4(a)(1) and 239, this Rule sets forth the requirements for

electronic filing in the Philadelphia Municipal Court. Rule 205.4(a)(2) provides definitions of “electronic

filing,” “filing party” and “legal paper.” Those terms are used in the above local rule and the definitions

of those terms found in Rule 205.4(a)(2) are incorporated herein by reference. Additionally, the CLAIMS

System is the electronic program designed and developed for the Philadelphia Municipal Court.

Note: Adopted November 6, 2009, effective 30 days after publication in the Pennsylvania Bulletin.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

COURT OF COMMON PLEAS – TRIAL DIVISION

PHILADELPHIA MUNICIPAL COURT

Joint General Court Regulation No. 2015-01

In re: Administrative Search Warrants – Right of Entry –

Residential and Commercial Properties

The Philadelphia Code authorizes code officials (i.e., “ The Commissioner of Licenses and

Inspections [as well as the Fire Commissioner in Fire Code matters] or his or her duly authorized

representative charged with the administration and enforcement of such codes") to enter any

building or structure, subject to reasonable limitations, when there is reasonable cause to believe

that a code violation exists or a dangerous condition is present w hich may cause serious harm to

the public. See Title 4 of the Philadelphia Code, Section A-106 and Section A- 401.2 (2).

The Philadelphia Home Rule Charter also authorizes similar access. Section 5-1004 of the Home

Rule Charter provides as follows:

Subject to the limitations of the Constitutions of the United States and of the Commonwealth of

Pennsylvania, any officer or employee of the Department of Licenses and Inspections, in the

performance of his duties, may at any reasonable hour, without hindrance, enter, examine and

inspect all vessels, vehicles, premises, grounds, structures, buildings, and underground passages

of every sort, including their contents and occupancies, and may likewise examine, inspect and

test any substance, article, equipment or other property.

The United States Supreme Court and this Commonwealth’s appellate courts have had occasion

to address the constitutional limitations imposed on city inspectors and code officials. See eg.

Camara v. Municipal Court of San Francisco, 387 U.S. 523 (1967); See v. Seattle, 387 U.S. 541

(1967); Commonwealth v. Tobin, 828 A.2d 415 (Pa. Cmwlth. 2003); and Warrington Township v.

Powell, 796 A.2d 1061 (Pa. Cmwlth. 2002).

In light of the important private and public rights involved and the concomitant necessary

restrictions, the intent of this Joint General Court Regulation is to set forth the process to be

followed in seeking administrative search warrants to enter and search residential and commercial

premises while safeguarding the property rights of the property owners and lessees as well as other

legal restrictions.

1. General Statement. Generally, a search warrant is not needed to inspect or search commercial

premises which are open to the general public. However, the search of residential premi ses and

commercial premises or sections within commercial premises which are not open to the public are

presumptively unreasonable if conducted without an administrative search warrant, as provided

herein. Moreover, an administrative search warrant to enter or inspect should be sought whenever

the property owner, occupant, or possessor refuses entry, even if such administrative search

warrant is not legally required.

2. Residential Property. Unless the property owner, occupant, possessor, or other authoriz ed

agent consents to the entry, inspection or search of a residential premises before the premises are

entered, inspected or searched, an administrative warrant shall be obtained as provided in Section

5. Provided, however, that entry, inspection or search es may be conducted due to exigent

circumstances, which may include a fire or abandoned lot or property (as defined).

3. Commercial Property open to the public. An administrative search warrant is not required to

enter, inspect or search a commercial property open to the general public.

4. Commercial Property not open to the public. Unless the property owner, occupant, possessor,

or other authorized agent consents to the entry, inspection or search of a commercial property not

open to the public, an administrative warrant shall be obtained as provided in Section 5. Provided,

however, that entry, inspection or searches may be conducted due to exigent circumstances, which

may include a fire or abandoned lot or property (as defined).

5. Application for Administrative Search Warrant and Authorization. The following process

shall be followed in seeking an Administrative Search Warrant.

a. Affiant. The Commissioner of Licenses and Inspections or any other authorized code

officer may file an Application for Adm inistrative Search Warrant and Authorization. The name

of the Affiant, identification number, Agency name, address and telephone number shall be set

forth in the Application.

b. Property to be entered, inspected or searched. The property to be entered, inspected or

searched must be identified and described in as much detail as possible. The description shall

include the street address as well as the specific area within the property if necessary.

c. Property owner, occupant or possessor. The property owner, occupant, or possessor as

disclosed in available property records or other registrations (such as rental agent or business

owner) shall be identified.

d. Reason for entry, inspection or search. The specific factual and legal reasons for entry,

inspection or searc h must be set forth in as much detail as possible, and any alleged statutory

violation or ordinance violation must be identified. In the event a Code Enforcement violation or

other legal proceedings are pending, the case number must be provided.

e. Reasonable Cause. The affiant shall set forth with specificity the factual reasons which

necessitate the entry, inspection or search, such as a violation of a city building, fire or other code

with an adverse effect on the public health, safety or welfare. The affiant shall include a statement

as to whether the property at issue was previously inspected and if so, the date of such inspection

and shall attach any documentation or other description of the results of such inspection.

f. Review by City Solicitor. The affiant shall submit the Application to the Assistant City

Solicitor(s) designated by the City of Philadelphia to review such Applications for review and for

approval to file such Application with the appropriate judicial officer.

g. The Application is to be brough t to the designated Judicial Officer. The affiant shall

bring any Application approved by the designated Assistant City Solicitor to the judicial officer

designated from time to time by the Administrative Judge of the Trial Division, Court of Common

Pleas and/or by the President Judge of Philadelphia Municipal Court, as appropriate.

h. Oath to be administered by Judicial Officer. The judicial officer shall administer the

requisite oath to the affiant and shall determine whether reasonable cause exists for the issuance

of an Administrative Search Warrant based on the information contained within the Application

or provided therewith.

i. Issuance of Administrative Warrant. If the issuing authority determines that reasonable

cause exists for the issuance of an Admini strative Search Warrant, the Warrant shall be issued.

The judicial officer shall set forth the timing of the service of the Administrative Search Warrant

as well as to the return of the Administrative Search Warrant and shall sign and seal the warrant

and return it to the affiant. The Warrant shall be returnable to the Judicial Officer upon service.

The original Application, Warrant and attachments shall be forwarded to the Office of Judicial

Records and a copy of the Application and all attached documentat ion shall be retained by the

judicial officer.

6. Reasonable cause to issue Administrative Search Warrants. Justification for the issuance

of an Administrative Search Warrant does not rise to the level of criminal “probable cause.” As

the United States Supreme Court noted in See, supra, an “agency’s particular demand for access

will of course be measured, in terms of probable cause to issue a warrant, against a flexible

standard of reasonableness that takes into account the public need for effective enforcement the

particular regulation involved. See, 387 U.S. at 545. (Emphasis supplied). This Joint General Court

Regulation thus references such standard as “reasonable cause” to highlight the applicable legal

standard, while cognizant of the fact that some appellate cases may use the term “probable cause”

while noting, as the United States Supreme Court did in See, that the administrative search warrant

standard does not rise to the level of a criminal search warrant.

The original Joint General Court Regul ation shall be filed with the Office of Judicial Records in

dockets maintained for General Court Regulations issued by the Administrative Judge of the Court

of Common Pleas and the President Judge of the Philadelphia Municipal Court, and one c ertified

copy shall be submitted to the Administrative Office of Pennsylvania Courts. Two certified copies

of the Joint General Court Regulation and an electronic copy on a computer diskette shall be

distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, shall

be published in The Legal Intelligencer, and shall be posted on the First Judicial District’s website

at http://courts.phila.gov. Copies of this General Court Regulation and shall also be submitted to

American Lawyer Media, Jenkins Memorial Law Library, and the Law Library for the First

Judicial District. This General Court Regulation shall become effective thirty (30) days after

publication in the Pennsylvania Bulletin.

BY THE COURT:

/s/ Kevin M. Dougherty /s/ Marsha H. Neifield

__________________________________ __________________________________

Honorable Kevin M. Dougherty Honorable Marsha H. Neifield

Administrative Judge, Trial Division President Judge,

Court of Common Pleas Philadelphia Municipal Court

Chair, Administrative Governing Board Philadelphia County

Date: 10/26/15 Date: 10/26/15